DOJ-OGR-00017282.jpg

Case 1:20-cr-00330-PAE Document 769 Filed 08/10/22 Page 4 of 19 3095 LCLVMAXT 1 referred to. I think a more limited answer is something along 2 the lines of: You have the admitted evidence relating to 3 3505-5. Something like that. 4 MS. COMEY: Your Honor, I think it's important to 5 clarify for the jury that the particular document they 6 requested is not in evidence; but that they may consider what 7 they already have in the transcript and what they already have 8 in the exhibits. 9 THE COURT: That sounds pretty similar. 10 MR. PAGLIUCA: Which is what just said without 11 saying the document is not in evidenc Because the testimony 12 about the document is in evidence. I don't think I'm splitting 13 hairs here. [ think the evidence is what it is. 14 THE COURT: How about then: You have all admitted 15 exhibits, period. Because it's directly responsive to the 16 question without assuming further questions. 17 MR. PAGLIUCA: [ think what we're struggling with is 18 the difference between the testimony and the specific document. 19 [ think it diminishes the testimony by inferring that somehow 20 it's not evidence before the jury. 21 THE COURT: They are asking for the document, 22 presume in part because they have the testimony in front of 23 them. 24 MR. PAGLIUCA: Right. Which I'm happy to give them 25 the 35 -—- SOUTHERN DISTRICT REPORTERS, P.C. (212%) 805-0220 DOJ-OGR-00017282